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Mode of

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and furrogate

courts.

and complaints of a civil nature arising within the island of Newfoundland, and on the islands and feas aforefaid, and on the banks of Newfoundland; which courts fhall refpectively be courts of record, and fhall determine according to the law of England, as far as the fame can be applied to fuits and complaints arifing in the islands and places aforefaid; and the faid courts refpectively fhall be holden by a furrogate, to be appointed from time to time by the governor of the faid ifland, with the approbation of fuch chief justice, and shall have full power and authority to hear and determine all fuits and complaints cognizable in the faid court; and the faid court fhall have fuch clerks and ministerial officers, with fuch falaries as the chief justice fhall appoint, which falaries fhall be in lieu of all profits and emoluments whatever.

3. And be it further enacted, That it ceedings in fhall be lawful for the faid fupreme courts the fupremete and furrogate courts respectively, when any fuit or complaint fhall be depending therein, to caufe to appear from day to day, all perfons interested in the matter in difpute, and to examine upon oath fuch of them as it fhall be deemed proper, for better difcovering the truth, and thereupon, and after due confideration of all circumftances, to make fuch order, judgement, or decree therein, and award fuch damages and cofts, as the cafe fhall require; and that in all cafes where the cause of any

fuit

fuit or complaint fhall not exceed five pounds, the party who is to answer fuch fuit or complaint fhall be made to appear in court by fummons, and in all cafes where fuch fummons fhall be difobeyed, or where the cause of any fuit or complaint fhall exceed five pounds, then that the party who is to answer fuch fuit or complaint may be caufed to appear by attachment of his or her goods, debts, or effects, or by arreft of the person, and that the execution of any order, judgement, or decree may be enforced by attachment of the goods, debts, or credits of the party, or by arreft of the perfon against whom fuch order, judgement, or decree fhall be made; and that it shall and may be lawful for the faid chief juftice and furrogates refpectively, to authorize some person in his or their abfence refpectively, to iffue procefs, and do all acts appertaining to the faid fupreme court, and furrogate courts refpectively, fave and except the enquiring of, hearing, and determining of any crime or misdemeanor, or any fuit or complaint of a civil

nature.

exceeding 10l.

but if a fuffi

4. And be it further enacted by the au- In actions thority aforefaid, That, where the caufe of jurors may action fhall exceed the fum of ten pounds, be fummoned, and it shall be prayed by the defendant in fuch fuit or complaint, that a jury may be fummoned to try fuch action, it fhall be lawful for the faid chief juftice and furrogates respectively, and he and they are

hereby

cient number fhould not appear, two the chief juf

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hereby respectively required to caufe twentyfour perfons to be fummoned, of whom twelve fhall be a jury for the trial of fuch action, and to proceed therein according to law: Provided always, That, if a number of jurors fufficient for the trial of fuch action having been duly fummoned shall not appear to be fworn, it fhall and may be lawful for the governor of the faid ifland, and the furrogates in their several courts refpectively, to nominate and appoint two proper perfons to be affeffors to the faid chief juftice, who, together with the faid chief juftice or furrogates refpectively, fhall proceed to the trial of fuch action, in like manner as if fuch jury had not been prayed.

5. And be it further enacted, That upon judgement for any decree or judgement given in a furrofums exceed gate court, for any fum exceeding forty ing 40 7. in the pounds, it fhall be lawful for the party court, and ex- against whom fuch decree or judgement ceeding 100 fhall be given, to appeal therefrom to the in the fupreme fupreme court, having first given notice of fuch intention, and having entered into a fecurity to the furrogate, in double the fum for which fuch judgement or decree was given or made, within two days after making or giving fuch judgement or decree, for duly profecuting fuch appeal; and upon any decree or judgement given in the fupreme court, for any fum exceeding one hundred pounds, it fhall be lawful for the party, against whom fuch decree or

judgement

judgement fhall be given or made, to appeal therefrom to his Majefty in council, having first given notice of such intention, and having entered into fecurity, to be approved by the chief juftice, in double the fum for which fuch judgement or decree was given or made, within two days after the giving or making of fuch judgement or decree, for duly profecuting fuch appeal; and in all cafes of appeal, as foon as notice fhall be given, and fecurity entered into as aforefaid, execution shall be stayed, but not otherwise.

6. And whereas it will greatly contribute to the advancement of the trade and fifhery of Newfoundland, if fuch effects as perfons becoming infolvent in the faid ifland of Newfoundland, and the islands aforefaid, were poffeffed of or entitled unto, within the faid ifland, or on the islands or feas aforefaid, or on the banks of Newfoundland, fhould be divided among their creditors with more equality than hath hitherto been practifed; be it further enacted, That, as often as the goods, debts, and credits of any person fliall be attached, and it fhall be made appear to the court out of which the process of attachment hath iffued, that the goods, debts, and credits fo attached are not fufficient to pay twenty der his effects fhillings in the pound to all thofe who fhall to be collected be creditors by reafon of debts contracted ed. within the island of Newfoundland, and on

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the islands and feas aforefaid, or on the banks of Newfoundland, it fhall be lawful for fuch court to fummon the party whofe goods, debts, and credits are fo attached, together with the plaintiff or plaintiffs who have fued out any attachment, and also such perfons who are known to be creditors as aforefaid of the defendant, to appear in court at a certain day, and if upon a due examination of the defendant, and the faid creditors, it fhall appear that he or she is infolvent, the court fhall declare him or her infolvent accordingly, and fhall immediately proceed to take order for discovering, collecting, and felling the effects and debts of fuch person, and distributing the produce thereof rateably amongst all the faid creditors of fuch perfon fo declared infolvent, or to authorize fome perfon or perfons, being a creditor or creditors, to perform the fame, fuch person or perfons first entering into a recognizance in fuch fum as the court fhall think fit, for the due performance of his or their duty therein; and that fuch court fhall from time to time make fuch order therein as fhall be deemed proper, for better discovering, collecting, and felling the effects and debts, and making a rateable diftribution thereof among the faid creditors.

7. And be it further enacted, That in the diftribution to be made of the eftate effects of in- and effects of fuch perfon fo declared in

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folvent per

folvent,

fons.

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